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If your criminal record does not qualify for expungement or sealing, a Certificate of Good Conduct may help you overcome certain barriers to employment, professional licenses, or housing caused by your record. The questions below explain how a Certificate of Good Conduct works, who qualifies, and how to apply.
Important: In most cases, it is better to seal or expunge a record if possible. Sealing or expunging a record usually offers more protection than a Certificate of Good Conduct. Even if you do not qualify for expungement or sealing now, you may qualify in the future. Talk to a lawyer to help you decide which option is best for you.
What is a Certificate of Good Conduct?
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A Certificate of Good Conduct is a court order that finds that a person with a criminal conviction has been rehabilitated. It can remove certain legal barriers to employment, occupational licenses, or housing caused by the conviction.
For example, a law may prevent someone with a particular conviction from getting a certain job, license, or housing. A Certificate of Good Conduct may remove that restriction, so the conviction does not automatically disqualify the person. It shows the person looking at the record that the person has been rehabilitated. The certificate does not guarantee that the person will get the job, license, or housing. It also does not erase, seal, or expunge the criminal record.
If you are not sure whether your conviction creates a legal barrier that a certificate can remove, talk to a lawyer before applying.
Note: A Certificate of Good Conduct cannot remove a legal barrier that prevents you from working for the Illinois Department of Corrections, Department of Juvenile Justice, or another Illinois law enforcement agency.
Who can get a Certificate of Good Conduct?
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You may qualify if you have a criminal record, including a record that cannot be expunged or sealed. However, you cannot get a Certificate of Good Conduct if you have been convicted of:
- Arson or aggravated arson,
- Kidnapping or aggravated kidnapping,
- Aggravated driving under the influence (DUI),
- Aggravated domestic battery, or
- An offense or attempted offense that requires registration under the Sex Offender
- Registration Act, Arsonist Registry Act, or Murderer and Violent Offender Against Youth Registration Act.
When can you apply for a Certificate of Good Conduct?
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Before you can get a Certificate of Good Conduct, you must complete a minimum period of good conduct. The period is:
- 2 years if your most serious conviction is a felony, or
- 1 year if your most serious conviction is a misdemeanor.
The waiting period usually starts when you complete your last sentence, including mandatory supervised release (MSR) or the payment of fines.
If you have more than one conviction or are currently on parole or mandatory supervised release, it is a good idea to talk to a lawyer to confirm that you meet the waiting period before you file.
How do you file a request for a Certificate of Good Conduct?
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To ask for a Certificate of Good Conduct:
- Get your criminal records: You will need information about your arrests, charges, convictions, and how your cases ended. See how to access court records. Follow these instructions if you need copies of your criminal records.
- Fill out the court forms: Use the statewide Certificate of Good Conduct forms and instructions. You will need to explain which employment, licensing, or housing barriers you are asking the judge to remove.
- File your forms in the county where you were convicted: Before filing, contact the circuit court clerk and ask how to file your forms and how to request a court date. Depending on the county, you may need to file in person, by mail, or electronically. There may be a filing fee. If you cannot afford it, you can ask for a fee waiver.
- Send copies to the State’s Attorney and the judge: After you get a court date, send the State’s Attorney a copy of your Notice of Court Date and the forms you filed. Ask the circuit court clerk which judge will hear your case, and mail the judge a copy of your Request for Certificate of Good Conduct.
- Attend your court hearing: At the hearing, you will have an opportunity to explain why you should receive a Certificate of Good Conduct and present evidence supporting your request.
For a detailed breakdown of these steps, see the Illinois Courts instructions for how to ask for a Certificate of Good Conduct.
How do you show rehabilitation?
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To get a Certificate of Good Conduct, you must show the judge that you have been rehabilitated and that granting the certificate is in the public interest.
In your request and at your court hearing, explain how your life has changed since your convictions. Depending on your situation, you can include:
- Your criminal history and what has changed: Explain what happened, take responsibility for your actions, and describe what has changed so that you do not expect the behavior to happen again.
- Education and employment: Include your work history, education, job training, degrees, or certificates.
- Family and community involvement: Explain your family responsibilities, volunteer work, or other involvement in your community.
- Other positive changes: This may include recovery from substance use, treatment, or other significant changes in your life.
- Letters and witnesses: Employers, teachers, family members, or community members can provide specific examples of your progress and character. They may also be able to testify at your hearing.
You should also explain why you believe you will continue to be law-abiding. If you are asking the judge to remove a specific employment, licensing, or housing barrier, explain how your criminal record is affecting you and include documents showing the barrier, such as a denial letter.
Important: Do not attach medical records, and be careful about including private medical or mental health information. Your request becomes a public court record.
What should letters of support include?
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Letters of support can help show the judge how you have changed and been rehabilitated. You can share the following guidance with anyone writing a letter for you.
The letter should include:
- Introduction: The writer should introduce themselves and briefly explain who they are and what they do.
- Relationship: The writer should explain how they know you, how long they have known you, how often they interact with you, and how they have seen you grow or change.
- Impact and character: The writer should describe your positive qualities and give specific examples. They can discuss your strengths as a family member, friend, coworker, or community member, as well as your work, family responsibilities, or community involvement. Specific examples are more helpful than simply saying that you are a good person. For example, the writer might explain that you have coached a park district team for several years, regularly volunteer in your community, or have helped care for their children.
- Closing: The writer should sign the letter and include a phone number or email address where they can be reached.
- If possible, the letter should be typed. If the writer is associated with an organization, such as an employer, community organization, or church, they can use the organization’s letterhead.
What happens at the court hearing?
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At the hearing, you will have a chance to explain why you should receive a Certificate of Good Conduct . The judge may ask you questions about your convictions, your background, and how you have been rehabilitated.
You can also give the judge documents supporting your request and have witnesses testify about your rehabilitation. The judge and the State’s Attorney may ask your witnesses questions. After you finish, the State’s Attorney will have a chance to speak.
Make sure you know when your hearing is and whether it will be in person, by phone, or by video. Before your court date, review our Going to court basics to learn what to expect and how to prepare.
For more details about preparing for and attending your hearing, see the Illinois Courts instructions for how to ask for a Certificate of Good Conduct.
What happens after the hearing?
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If your certificate is granted, the court will enter a written order. The court order is your Certificate of Good Conduct. Be sure to ask for a copy, and don’t leave the courthouse without one. Go to the circuit court clerk’s office and have them certify, either by stamp or raised seal, the certificate (a small fee may apply). The circuit court clerk’s office should send a certified copy to the Illinois State Police on your behalf.
If your certificate is denied, you will have 30 days to file a Motion to Reconsider the denial. In your motion, you must explain how the judge was incorrect in applying the law to your case. You can also appeal the denial. However, judges have a lot of discretion when deciding whether to grant a certificate, making it difficult to win an appeal. It’s a good idea to talk to a lawyer about your options before filing an appeal.
How do you use a Certificate of Good Conduct?
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You can provide a copy of the certificate when you apply for employment, a license, or housing covered by it. The certificate shows that the judge found you rehabilitated and that the legal barriers listed in the certificate have been removed. For example, if a law would normally prevent you from getting a particular job or license because of your conviction, you can give the employer or licensing agency your certificate to show that the legal barrier has been removed.
A certificate can also make it easier for an employer to hire you. It provides the employer with some protection from liability for your later acts or omissions as an employee.
If you are applying for a job, you can also use the Letter to Employer. Fill out the letter and give it to the employer with a copy of your certificate. The letter explains what the certificate means and how it may affect the employer.
A certificate can also make it easier for an employer to hire you by providing the employer with some protection from liability for hiring you despite your criminal record.
Can you expand a Certificate of Good Conduct you already have?
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Yes. If you already have a Certificate of Good Conduct, you can ask the judge to expand it to remove additional employment, licensing, or housing barriers caused by your convictions.
For example, if your certificate removes a barrier that prevents you from getting one type of license, but you later find that your conviction prevents you from getting a different license or job, you can ask the judge to expand your certificate to cover the new barrier.
To ask for an expansion, file a new Request for Certificate of Good Conduct. On the form, select that you want to expand your current certificate and explain what additional barriers you want the judge to remove.
Can a Certificate of Good Conduct be revoked?
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Yes. If you are convicted of another offense after receiving a Certificate of Good Conduct, the court that issued it can revoke the certificate. You must receive notice before it is revoked.
If you receive a certificate while you are on parole or mandatory supervised release, it is temporary and can also be revoked if you violate the conditions of your release. If it is not revoked, it becomes permanent when you are discharged. A permanent Certificate of Good Conduct does not expire.
Do you need a lawyer to ask for a Certificate of Good Conduct?
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No. You do not need a lawyer to ask for a Certificate of Good Conduct. You can use the statewide court forms and instructions to file the request yourself.
Consider talking to a lawyer if you are not sure whether you qualify, when you can apply, or whether a Certificate of Good Conduct can help with the job, license, or housing you are trying to get.
Worried about doing this on your own? You may be able to get free legal help.
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